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HomeMy WebLinkAbout53-City Attorney CITY OF SAN BER"'ARDINO~EQUEST . ~R COUNCIL ACTION From: James F. Penman Subject: An Ordinance of the City of San Bernardino Amending Chapters 15.04 and 15.74 of the SBMC relating to Building without a building permit and continuing work after the issuance of a sto~ work orn~r Dept: City Attorney Date: 4-11-90 Synopsis of Previous Council action: None :'.'01 t.....: CO> .~,h I':".' .....1 L;:' -,', -., c..) Recommended motion: Waive further reading and layover ordinance for final adoption. 1 Signature Contact person: lIAnn; c::: n. 'R..::=!rl nhf Phone: 384-5355 Supporting data attached: Ward: FUNDING REOUIREMENTS: Amount: Source: (Acct. No.) (Acct. DescriPtion) Finance: Council Notes: Agenda Item No. 5.3 .. CITY OF SAN BERh.ARDINO - REQUEST . ~R COUNCIL ACTION STAFF REPORT It has recently become apparent that changes need to be made in the City's ordinances making the construction of a building without a building permit either an infraction (as it is now) or a misdemeanor. In addition it would be beneficial to provide that the continuing of work after the issuance of a stop work order would be a misdemeanor. The attached ordinance would make these changes. URGENCY CLAUSE: It is urgent that this ordinance change be enacted as soon as possible in order to give the approparite staff the necessary tools to enforce the building code requirements at the earliest possible date and to provide the necessary teeth to such enforcement. Recent events have shown that any delay in such actions is contrary to the best interests of the City and its residents. 75-0264 .. 10 11 12 20 23 24 1 2 ORDINANCE NO. 3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTERS 15.04 AND 15.74 OF THE SAN BERNARDINO MUNICIPAL CODE 4 RELATING TO BUILDING WITHOUT A BUILDING PERMIT AND CONTINUING WORK AFTER THE ISSUANCE OF A STOP WORK ORDER 5 SECTION 1. Section 15.04.250 is hereby added to the San 6 Bernardino Municipal Code to read as follows: 7 "15.04.250 Violation 8 a. Any person, firm or corporation who erects, constructs, 9 enlarges, alters, repairs, moves, improves, removes, converts or demolishes a building or a structure for which a building permit is required by this title and the Uniform Building Code, and for which a permit has not been obtained from the building official, 13 shall be guilty of either a misdemeanor or an infraction. 14 b. Each day during any part of which the activity 15 prohibited by subdivision (a) of this section continues shall be 16 a distinct and separate offense." 17 SECTION 2. Section 15.04.251 is hereby added to the San 18 Bernardino Municipal Code to read as follows: 19 "15.04.251 stop Work Order a. Any person, firm or corporation who continues work on a 21 building or structure after a stop work order has been issued by 22 any of the employees listed in San Bernardino Municipal Code Section 9.90.010 A 2, 3, 4, 5, 6 or 8, shall be guilty of a misdemeanor. 25 b. Each day during any part of which the activity 26 prohibited by subdivision (a) of this section continues shall be 27 a distinct and separate offense." 28 DAB:mg\sec1504.ord 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 3. Section 15.74.010 of the San Bernardino Municipal Code is hereby amended to read as follows: "15.74.010 VIOLATION - PENALTY a. Except as specifically provided, any person, firm or corporation whether as principal, agent, employee, or otherwise violating or causing the violation of any provision of this title, or the codes adopted herein, is guilty of an infraction, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code. Any person, firm or corporation whether as principal, agent, employee or otherwise, violating or causing the violation of any provision of Article 3 of the Uniform Fire Code is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code. b. The imposition of any penalty for any violation of this title shall not excuse the violation or permit it to be continued, and all persons shall be required to correct or remedy all such violations or defects within a reasonable time. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions." / / / / / / / / / / / / / / / / / / / / / / / / DAB:mg\sec1504.ord 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 1 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTERS 15.04 AND 15.74 OF THE SAN BERNARDINO MUNICIPAL CODE 3 RELATING TO BUILDING WITHOUT A BUILDING PERMIT AND CONTINUING WORK AFTER THE ISSUANCE OF A STOP WORK ORDER 4 I HEREBY CERTIFY that the foregoing ordinance was duly 5 adopted by the Mayor and Common Council of the City of San 6 Bernardino at a meeting thereof, held on the 7 day of , 1990, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN 9 ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk The foregoing ordinance is hereby approved this day of , 1990. W. R. HOLCOMB, Mayor City of San Bernardino Approved as to form 24 and legal content: 25 26 27 28 JAMES F. PENMAN City Attorney By: L}- dv~ (J DAB:mg\sec1504.ord 3